On 11 March Helen*’s mother was admitted to the defendant hospital, to be induced. Her progress was slow, and so syntocinon was given to speed up the labour. By 4pm Helen’s mother was fully dilated and she started active pushing at 6.15 pm.

At 7.25 pm the obstetric registrar reviewed the situation and decided to attempt to deliver Helen using ventouse. The ventouse was first applied at 7.30 pm, but Helen wasn’t delivered until 8.03 pm. Suprapublic pressure was not applied, and although shoulder dystocia was noted, the McRobert’s manoeuvre was not performed.

Helen was reviewed the day following her delivery, when it was noted that he had a limp right arm. She was referred for physiotherapy. She subsequently developed Erb’s Palsy, and was found to have damage to her spinal cord.

Helen underwent two operations at 6 month’s of age, which improved her elbow flexion, hand function and relocated her right shoulder. However, she still has weakness during elbow flexion and was unable to reach her face with her right hand. As a result she will experience difficulties with most aspects of daily living for the rest of her life. She is also at risk of depression and anxiety, and would be handicapped on the labour market.